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European Justice Forum signs joint business statement on TPLF
EJF joined business associations for the need to regulate private Third-Party Litigation Funding (TPLF) at the EU level due to its potential as a for-profit model to prioritize financial gains over claimants' interests, leading to abusive litigation and unfair settlements.
The document emphasizes the lack of regulation and transparency in TPLF, contrasting it with the stringent oversight and competition in other sectors, and notes the risks of excessive litigation undermining public trust in judicial systems. The European Parliament's 2022 resolution on responsible litigation funding is recommended as a foundation for creating safeguards.
The statement concludes by urging EU-level regulation to maintain a fair, transparent, and balanced legal environment that supports innovation and competitiveness in the EU.
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European Justice Forum Members Meeting November 2024

On 13 November, EJF hosted its second Members Meeting of 2024, this time in Paris, convening participants both in-person at the office of one of EJF’s members, Swiss Re, and virtually. This gathering featured a full agenda addressing pressing legal and regulatory topics and facilitated insightful discussions between the participants.
The event started with a casual luncheon, letting members to connect informally before the official program began. The meeting then opened with an update on EJF activities, including ongoing projects and outreach efforts, alongside a voting session for key organisational initiatives. EJF is developing important new ideas around fostering competition (a) between litigation funders offers, (b) public and other sources of collective action funding as well as (c) more competition between public and private enforcement in order to bring litigation costs down.
Following this, experts shared their latest insights and lessons learned from the transposition of the Representative Actions Directive (RAD), with a special focus on the situation in France, Spain and the results of a recent Class Action Survey 2024.
Later sessions explored the macroeconomic implications of mass actions across Europe, bringing to the forefront the broader effects on regulatory frameworks and market stability. Key voices, including Isabella Wijnberg (Houthoff), Marianne Bardant (LEEM), and Oscar Guinea (ECIPE), presented thought-provoking materials, which sparked debates during the panel discussions.
After a networking break, the conversation shifted to emerging litigation risks, focusing particularly on the regulation of Third-Party Litigation Funding (TPLF) and the challenges posed by AI. While Moya Stevenson (Swiss Re) presented the landscape of potential areas of future mass litigations, Prof. emerit. Chris Hodges (Oxford University) shared his perspectives, offering ways to effectively address these evolving topics.
The event concluded with a forward-looking discussion on EJF’s Strategy 2025 and beyond, highlighting upcoming EU regulatory priorities, national advocacy efforts, and new projects aimed at strengthening evidence-based decision-making in civil justice. Participants from diverse professional backgrounds contributed with their insights to feed into the dialogue.
The meeting ended with a dinner, providing an opportunity for attendees to create connections and reflect on the day’s discussions.
On behalf of the EJF team, we extend our heartfelt thanks to everyone who participated and contributed to the event's success.
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European Justice Forum Members Meeting

On 12 June, EJF hosted its first Members Meeting of 2024, bringing together participants both in-person and virtually. The event, held at the offices of our legal partner Stibbe in Amsterdam, featured a robust agenda focused on legal and regulatory topics. The meeting brought together a vibrant mix of industry professionals for an afternoon filled with debates and networking.
The event began with a luncheon, allowing early arrivals to network and engage informally before the formal sessions began. The agenda included insightful presentations and discussions on key files such as the transposition of the Representative Actions Directive (RAD), the impact of the Product Liability Directive (PLD), insights about Third Party Litigation (TPLF), the effects of mass litigation in Europe, and outcomes of European Elections. Each session was led by top experts, including Moya Stevenson, Prof. Jeroen Kortmann, Dr. David Markworth, Isabella Wijnberg, Fredrik Erixon, Herbert Woopen, Ekkart Kaske and others, who framed and sparked lively discussions. Attendees reacted with their own perspectives and questions, making the sessions dynamic and interactive.
The meeting facilitated the exchange of ideas, allowed the participants to learn about the problematics surrounding access to and delivery of civil justice in a more holistic manner and fostered the creation of new professional relationships.
The event concluded successfully, with many attendees staying for the networking dinner. A big thank you to everyone who joined us and contributed to the insightful debates. With a view to promote balanced, transparent and efficient access to civil justice, EJF will continue offering valuable platforms for members to connect and enhance their professional growth.
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ADR regulatory process update
On 17 October 2023, the Commission adopted a proposal for a directive amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828.
The proposal entails several key changes:
- It extends consumer rights to non-contractual and pre-contractual situations, including digital content and services, and allows for additional dispute resolution categories. It removes geographical establishment requirements for traders, defining cross-border disputes between consumers and traders in different EU states.
- The changes allow bundling similar cases into one procedure with consumer consent, impose a 20-day response deadline for traders to ADR requests, and permit Member States to mandate trader participation in ADR.
- It ensures complaint traceability and support for vulnerable consumers, including non-digital procedures upon request. Parties have the right to human review of automated ADR processes.
- Improved information access and assistance for cross-border disputes are mandated, with ADR contact points designated by Member States.
To enhance trader participation, amendments proposed by the IMCO Committee make participation mandatory for certain air carriers and extend the scope to include pre-contractual obligations.
To boost consumer awareness, amendments aim to improve the impartiality and quality of ADR procedures, requiring human review of automated processes and general understanding of private law in cross-border cases by ADR personnel.
On 13 March, the Plenary endorsed the report as Parliament first reading position with 605 votes in favour, 7 votes against and 13 abstentions. In the Council, it has been referred to the Working Party on Consumer Protection and Information, which debated it for the last time on 22 April.
It is uncertain whether the ADR will be adopted before the European Parliament elections in June. Any institutional change in the midst of this process could influence the regulatory process and final result of the file.
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Trialogue: CS3D passing Council agreement
On 15 March 2024, the Belgian Council Presidency successfully brokered an interinstitutional agreement on the Corporate Sustainability Due Diligence Directive (CS3D), presenting a compromise text that garnered the required Qualified Majority Voting. It underwent significant revisions to address the regulatory burden or alleviate it.
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EJF organises TPLF event with AmChamEU - "Access to justice but not for profit"

Legal experts, policymakers, and representatives from industry and consumer side as well as academia gathered on the 1st of December for an insightful discussion on TPLF organized by EJF in collaboration with the American Chamber of Commerce to the European Union. The event delved into the crucial aspects of effective and fair delivery of justice, proportionality, sensible regulation, oversight, and transparency in the context of TPLF.
read more EJF organises TPLF event with AmChamEU - "Access to justice but not for profit"
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EJF Collaborates in the Joint Industry Statement Concerning PLD Proposed Revision

The European industry is deeply concerned about the proposed revision of the PLD. EJF and other European organizations have published an Industry Statement stating that the proposed revision, as it stands, could disrupt the balance between consumer protection and business interests, potentially leading to a culture of litigation in Europe. This imbalance would not only affect companies but also consumers: innovations could become too risky, and rising legal cost exposure might result in a cost spiral making products and services more expensive (social inflation).
The proposed changes to the directive may eliminate existing safeguards and create a litigation-friendly environment, increasing the legal risks and complexity for European businesses, especially smaller companies. The primary beneficiaries of these changes would be lawyers and third-party litigation funders, not consumers.
Moreover, there are questions over the expansion of the Directive to cover digital products, shifting the burden of proof, and its disclosure of evidence provisions, all of which pose significant challenges for businesses. We urge European policymakers to reconsider these measures and strike a balance that modernizes product liability without undermining innovation and legal certainty.
Read the full statement here.
read more EJF Collaborates in the Joint Industry Statement Concerning PLD Proposed Revision
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EJF Policy Proposal: Advancing Access to and Effective Delivery of Justice in the EU

In the run-up to the 2024 European elections, the political groups of the European Parliament are developing their electoral manifestos to establish their priorities for the upcoming legislative period. As part of our mission to advancing progressive values and strengthening the civil justice system throughout the European Union, EJF has submitted various policy proposals to be included in their manifestos. These proposals are meant to address the importance of avoiding court congestion by prioritizing alternative dispute resolution methods. They also emphasize the need to regulate private litigation funding to prevent exploitation for profit. Furthermore, they call for enhancements to the EU-wide system for handling cross-border mass claims. Lastly, the proposals highlight the importance of maintaining a balance in liability regulations to encourage innovation while protecting consumers.
By championing these policy proposals, the political groups from the European Parliament could demonstrate their commitment to progressive legal reforms that enhance legal clarity, cross-border coordination, and justice delivery for citizens and stakeholders across the European Union.
read more EJF Policy Proposal: Advancing Access to and Effective Delivery of Justice in the EU
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EJF joins the Industy Statement on the Proposed Product Liability Directive
Europe is at a cross-roads for product liability rules. Following the proposal on a New Product Liability Directive, EJF and other European organizations urge policymakers, in a joint statement, to consider key issues such as protection against malicious mass-claims and new rules on burden of proof, to ensure a balanced and effective product liability regime that benefits both businesses and consumers. The proposed revision of the PLD, as it stands, would introduce radical changes in the EU legal landscape and it may indeed have unintended consequences for Europe's competitiveness and national justice systems. PLD could signal another move towards a litigation culture in the EU that serves primarily the economic interests of private third-party funders as well as placing an extra burden on already-stretched national court systems and state resources. Let's work together to protect European competitiveness and consumer rights via fair, effective and efficient civil rights systems in the EU.
Read more in our Joint Statement below.
read more EJF joins the Industy Statement on the Proposed Product Liability Directive
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Claims Insight Podcast: Moya Stevenson, Chair of EJF, addresses class action and third party litigation funding challenges in Europe
The latest episode of the Claims Insight Podcast by Swiss Re Corporate Solutions addressed the issue of class action lawsuits trends in Europe and the challenges ahead. Hosted by Marc Scheidegger, Chief Claims Officer of Swiss Re Corporate Solutions, this episode tried to answer key questions around the impact of the Representative Action Directive on consumers and businesses and the fast-raising industry of third-party litigation funding, together with Moya Stevenson, Senior Claims Counsel, Casualty, FinPro & Aviation at Swiss Re, and Stefaan Voet, Professor of Law at KU Leuven Centre for Public Law. Moya is, of course, the current Chair of EJF.
The Representative Action Directive, which is currently under transposition at national level, puts in place a new legal system that enforces consumers’ rights collectively while allowing cross-border actions and third-party funding of litigation. The latter, however, creates several legal uncertainties in terms of funders’ role in the claims as well as bringing the risk of conflicts of interests. It is also unclear, according to the two guests, how much third-party funders would be able to earn out of the final compensation allocated by the judge, and how a conflicting situation can be solved in case funders want to accept the settlement offered by a judge and the redress beneficiaries do not. In this new regulatory framework third-party litigation funders and their economic interests will probably become one of the main drivers of collective claims.
To the question of how businesses can lower the risks of collective litigation, the speakers agreed that regulators often do and should play an important role. They should therefore step in to design further measures to reduce harm for consumers, also reducing the need for escalation of disputes into courts. To bring an example, an interesting proposal from the European Commission within the revision of the 2013 ADR Directive would extend the outcome of an ADR case to other claims as well, preventing those others from being brought before court (being the costliest and most time-consuming way of solving disputes).
This expert episode concludes that class action litigations will be for most businesses a novelty, where numerous new players/advisors will be involved besides lawyers, such as funders and insurers. This will result in a more complex litigation procedure that will require new legal strategies and acumen. The main challenge for business will be therefore to ensure that a strategy to respond and resolve disputes is in place, in order to minimize the negative effects on justice.
You can listen to the entire podcast for more insights here.